* Editor's Note This document was signed at the US Department of State on September 14, 1993, just less than 24 hours after Israel and the Palestine Liberation Organization signed their Declaration of Principles at the White House. It was signed by the Jordanian Ambassador to the US, Dr. Fayez Tarawneh and Mr. Elyakim Rubinstein, head of the Israeli delegation to the peace talks. Text was published in Jordan Times, Septem- ber 15, 1993, p.l, cols. 1-3. On the same day Jordan's Prime Minister Abdessalam Al-Majali announced the separation of the joint Jordanian-Palestinian delegation that was formed at the commencement of the Madrid Peace Conference in October 1991. See Id., at p.l, cols. 5-8.
* Editor's Note The Washington Declaration was signed in Washington, D.C. on July 25, 1994, by King Hussein and Israe- li Prime Minister Yitzhak Rabin and witnessed by the US President Bill Clinton. At the ceremony, the King of Jordan declared the end to the state war that lasted 46 years between Jordan and Israel. Text was published in Jordan Times, July 26, 1994, p.l, cols. 1-8. On his way back to his capital, King Hussein flew over Jerusalem and made a telephone call to Israel's President, Ezer Weizmann, and Prime Minister Rabin. During that telephone communication, Mr. Rabin advised the Jordanian monarch that the Knesset had voted for the Declaration by a majority of 91 votes.
* This Treaty was signed by Jordan and Israel on October 26, 1994, in the presence of many world dignitar- ies including the US President Bill Clinton. The ceremonies took place in Wadi Araba, in the southern part of Jordan. The Jordanian Lower House of Parliament debated the Treaty at length, but ultimately it ratified it on November 6, 1994, by a majority vote of 55-24, with one abstention. On November 9, the Senate endorsed the Treaty by a vote of 32 Senators who attended the session. Senators Abdul Majeed Shoman, Ahmad Obeidat, Abdul Latif Arabiyyat, Naela Al-Rashdan and Kamel Al-Sharif were reported to have opposed the Treaty but were absent when the vote was taken. Law No. 14 of 1994 concerning the ratification of the Peace Treaty was enacted and published in the Official Gazette of Jordan, issue No. 4001, dated November 10, 1994, at 2783. The Parliament debate was recorded in the Official Gazette Supplements issues No. 3,4 and 5, Vol. 32 (the "Parliamentary Record"). Part of that Record, especially in Supplement No. 5, is Mr. Awn Khasawneh's statement (the "Khasawneh's Statement"). He was the legal advisor to the Jordanian delegation. The Arabic text of the Treaty as published in the above referenced Official Gazette shows that the Treaty was signed by Dr. Abdessalem Al-Majali, the Jordanian Prime Minister, Mr. Yitzhak Rabin, the Israeli Prime Minister, and witnessed by the US President, William J. Clinton. The Israeli Knesset had also debated the Treaty which was ultimately carried by a vote of 105-3 with 6 abstentions on October 25, 1994. King Hussein and Prime Minister Rabin met in Tiberias on November 10, 1994, to exchange ratification instruments. All notes are added by the Editor
1 This paragraph was highlighted by the Parliament's Foreign Relations Committee (the "Committee") in its report to the Parliament. It reflected the Government's assertion that the addition of that paragraph was a "qualitative addition" in favor of Jordan to frustrate any attempt at forceful transfer of population that Israel may resort to. Parliamentary Record, No. 5, at 13-14. Mr. Khasawneh stated in his report that this paragraph was originally inserted in Article 4 dealing with security, but it was ultimately moved into Article 2. One of the benefits of such a move is that no party could utilize "transfer of population" as a claim in self-defense referred to in Article 4. The phrase "within their control" was deliberately inserted to prevent any forceful transfer from the occupied Palestinian territories which are currently under the con- trol of Israel. Khasawneh's Statement, at 47. 2 Maps were neither reproduced in the Treaty nor in the Parliamentary Record. However, see Annex I(a) for the boundary delineation. Some representatives in the Parliament raised the issue that the maps were not appended and therefore they could not deal with this vital matter. Parliamentary Record, No. 3, at 43; No. 4, at 15. The Committee's report identified the parcels of land occupied by Israel. It stated that the first Jordanian land occupied by Israel totals dunums 830 (one dunum = 1,000 sq.m.) in Baqura area which was occupied in 1949 as a result of the Armistice Agreement. When Transjordan was under the British mandate, a concession involving this parcel of land was granted to the Palestine Electrical Company which was ceded to Rutenberg's project. The report further referred to the occupation by Israel in 1948 of about five sq.km. It is located in Wadi Araba, and it was allegedly used by Palestinian fighters. The report noted that all these parcels of land were occupied either before the June war of 1967 or after the issuance of the Security Council Resolution 242. Hence, making these occupied territories subject to Resolution 242 is a "Jordanian success". Parliamentary Record, No. 5, at 14. Commenting on this "Jordanian success", Mr. Khasawneh noted that while Resolution 242 called on Israel to withdraw to secured boundaries, the Jordanian negotiator was successful in separating the concept of security from that of withdrawal. As such, there are no demilitarized zones on either side of the boundary, and security was not a factor in determining the extent of withdrawal. Khasawneh's Statement, at 47. 3 The phrase "under Israeli military government control in 1967" might become a point of serious debate when the final status of Jerusalem will be discussed between the Palestinians and the Israelis. East Jerusa- lem, which was under the Jordanian sovereignty until the war of 1967, was conquered by Israel in June 1967, but, contrary to the other Palestinian territories occupied by Israel in that war, Jerusalem was not controlled by the Israeli military government. It was unilaterally incorporated into the Israeli territory. The Israeli action has been universally challenged by the world community as evidenced in the UN Secur- ity Council Resolutions, e.g., 694 of May 24, 1991, and General Assembly Resolution 45/83c of December 13, 1990, which was carried by 145-1-4.
4 This part of the Treaty is scheduled to be implemented in early 1996. A draft agreement on maritime boundaries is now set for signature by both governments. 5 On this subject, see Henkin et al (ed. 1987) Basic Documents Supplements to International Law - Cases and Material, at 527; Schachter, The Twilight Existence of Non Binding International Agreements, 71 A. J. Int'l L. 296 (1977); Russell, The Helsinki Declaration: Brobdingnag or Lilliput? 70 A. J. Int'l L. 242 (1976).
6 It is to be recalled that no state in the region possesses nuclear weapons except for Israel which, thus far, has adamantly declined to ratify the Treaty on the Non-Proliferation of Nuclear Weapons. See, Hersh, The Sam- son Option (1991). The Jordanian Government claimed that it had scored another point of success in having this provision incorporated into the Treaty since Israel "has acknowledged, albeit by implication, that it pos- sesses mass destruction weapons". Parliamentary Record, No. 5, at 21-22. See also para. 7.b of this Article 4. 7 The Government explained that this paragraph does not contradict the membership of Jordan in the Mutual Arab Defence Treaty since this treaty deals with self-defense rather than with aggression against Israel. Parliamentary Record, No. 5, at 20-21.
8 See note 6 supra. 9 This part was implemented when, on November 27, 1994, an agreement was signed for the exchange of ambassadors. On December 11, 1994, there were ceremonies for the opening of the Jordanian embassy in Tel Aviv, and of the Israeli embassy in Amman. 10 On economic relations, see supra at 179. The cultural part of this provision is being made a part of an agreement on science and culture the draft of which is now ready for signature in early 1996. 11 1 On the water aspect of the Treaty, see Elmusa, The Jordan-Israel Water Agreement. A Model or an Excep- tion? J. Palestine Stud. no 95 (Spring 95) at 63; Haddadin's interview with Al-Ra'i (Arabic daily) Decem- ber 3, 1994. Dr. Haddadin was the Jordanian chief negotiator on water aspects at the negotiations between Jordan and Israel. See also, Dellapenna, Designing the Legal Structures of Water Management Needed to Fulfill the Israeli - Palestinian Declaration of Principles, 7 Palestine Y.B. Int'l L. 63 (1992/94). See also infra at 79.
12 Jordan has amended certain laws to meet its obligations stated herein. See supra, at 143. 13 Some representatives in the Parliament raised the questions as to why this provision was incorporated into the Treaty; they expressed concern as to the possible domination of the Israeli economy in light of its achievements superior to those of Jordan; and that the Peace Treaty with Egypt did not have such a clause. The Government replied that Jordan has economic relations with more advanced countries than Israel, such as Japan, US and EC; that most Jordanian resources (water, arable land, sea port) are located in areas adjacent to Israel and peace should enable Jordan to properly utilize these resources; and that the Israeli economy is the most protected economy in the world and Jordan will insist, when negotiating the relevant agreements with Israel, on having Israel lift these protective measures. Parliamentary Record, No. 5, at 26-28. The Agreement on Trade and Economic Cooperation was ultimately signed between the two govern- ments on November 18, 1995. See text supra at 179.
14 This provision has seriously watered-down the political dimension of the Palestinian refugees question. It further equates Israel, a state that is being built on importing "refugees" who must be, by the effect of the Law of Return, Jews, to Jordan, that is being burdened by a heavy influx of Palestinian refugees who have been expelled to make room for Jewish settlers. However, during the debate in the Parliament, the Gov- ernment stated that it succeeded in having an item added to the Agenda (supra at, 275) to have this issue "solved politically.... on the basis of international law". In reply to questions by some representatives as to why reference was made to "international law", the Government said that "because international law is more inclusive than relevant United Nations resolutions ... " It referred to Resolution 194 which deals in its eleventh paragraph with the right of the refugees either to return or to receive compensation, but it does not specify the time frame for return or the liability of Israel. The Government further added that some LJN resolutions do not serve the basic rights of the refugees and reference to international law was to apply conventions that could serve the Palestinian refugees. Some representatives criticized the Government's position on this point in that it had not reached a modality for solving this central issue. The Government replied that it was fully aware of the problem and Jordan hosts the largest number of refugees whose number, according to UNRWA, reaches 1.1 million, in addition to 700,000 displaced persons who arrived in Jordan since the June war of 1967. Due to the fact that the Palestinian leadership had agreed to delay the issue of refugees to the final status negotiations and to the lack of coordination between the Jordanians and the Palestinians, the Jordanian negotiator was forced to delay the discussion on this subject on the bilateral level until the Palestinian side commences the final status negotiations with Israel. Parliamentary Record, No. 5, at 29-30. 15 Some representative raised the question of the meaning of "settlement". The Government replied that "that term was chosen with the greatest care" because the Israeli side was suggesting to use the term "resettlement" which raised concern in the mind of the Jordanian negotiator. The use of "settlement" without referring to the locality where settlement will be effected, necessarily means that the "right of return" is left open and safeguarded. Parliamentary Record, No. 5, at 31.
16 This provision has created friction between the PLO and Jordan. Chairman Arafat considered this article as a violation of the Declaration of Principles of September 13,1993.
17 A treaty on cooperation and combating crimes and drugs was signed by Jordan and Israel on October 24, 1995. See Official Gazette, issue No. 4087, dated November 30, 1995, at 3804. 18 The draft treaty on transportation is now in its final form and is due for signature in early 1996. 19 The access to sea ports would be covered in the Transportation Treaty.
20 On civil aviation, the Transportation Treaty would also cover this aspect, and Aqaba airport would be con- verted into an international airport that would serve both Jordan and Israel. Currently, the two states have entered into a temporary civil aviation agreement (effective March 10, 1995) which enables the Royal Jor- danian Airlines to fly over Israel, initially at an altitude of 17,000 feet. Such restriction was lifted later on. 21 Telecommunications services are currently in operation, but postal services are still pending. Courier ser- vices however are now in operation. A draft agreement covering postal and telecommunications for bilat- eral and regional cooperation is almost completed and ready for signature in early 1996. 22 On April 4, 1995, the two countries signed a treaty on tourism. The treaty is published in the Official Gazette, issue No. 4046, dated June 1,1995, at 1464.
23 On September 7, 1995, the two countries signed a treaty on environment. The treaty dealt with all types of pollution except for the nuclear hazards that the area may be exposed to due to the Israeli nuclear activities. During the Parliamentary debate, some representatives questioned the reasons behind having a very detailed annex to this Article and expressed concern as to Israel's intention to dump radioactive waste mate- rial in Jordanian territories. The Government replied that cooperation in environmental matters is limited to border locations, a matter which is of high importance to Jordan. Virtually all Jordan's water and natural resources are located in areas adjacent to its borders with Israel. Parliamentary Record, No. 5, at 36-37. 24 On August 20, 1995, the two countries signed a treaty on energy and geology. 25 The Jordan Rift Valley idea ("JRV") was conceived before the Peace Treaty was signed by Jordan and Israel. In February 1994, Jordan proposed the idea to the Trilateral Economic Committee which consists the U.S., Israel and Jordan. The idea was premised on an integrated development scheme for the JRV on both sides of the borders. The Committee, welcoming the idea, established a Steering Committee to pre- pare a master plan, and invited the World Bank to take an active role in the scheme. The Bank formulated a concept and the terms of reference and proceeded to engage consultants to prepare tender documents for consulting services. The tender was finally floated in June 1995 and consultants were selected in Octo- ber 1995. The consultants are a joint venture of U.S., U.K., Italian and regional firms. The Italian Govern- ment would finance this phase. The scheme envisages the integrated development of, inter alia, the follow- ing sectors: Water, with the water resources of the JRV being the target, and with the objective of their develop- ment, protection, use and management to the betterment of the livelihood of peoples in the JRV. Agriculture and Aquaculture, with the objective of efficient use of water resources, and the treatment and reuse of wastewater. The development of marine culture is another target by the use of brackish water and of sea water. Enviroment, with focus on sustainable development, enhancement of the environment, and stabiliza- tion of the level of the Dead Sea. Energy, with focus on power generation utilizing the difference in elevation between the Red Sea and the Dead Sea. Transportation, with focus on railroads linking the Dead Sea with both the Mediterranean and the Red Sea; on seaports at Aqaba, on a joint airport at Aqaba, and on a main highway through the JRV. Telecommunications, with focus on linking the JRV with the rest of the world. Tourism and Archaeology, with attention to the special feature of the JRV and its proximity to sueh important religious focal points as Jerusalem, Betlilehem, the Islamic shrines of the companions of the prophet, and the diversity the JRV offers to tourists. Human resources development. Industries and manufacturing.
26 On August 28,1995, the two countries signed a treaty on health and medical cooperation. 27 On October 26, 1995, the two countries signed the treaty on agriculture. Its text is published in the Official Gazette, issue No. 4090, dated December 16, 1995, at 3927. 28 This provision of the Treaty is scheduled for implementation in early 1996. Pursuant to the agreement, the two countries would create a framework for transforming the Aqaba-Eilat region into a showroom for cooperation. It is expected to have, inter alia, a sea park on both sides of the gulf. 29 Some representatives raised the question as to the rights and claims of Jordanian citizens in Israel espe- cially with respect to Jordanians who are not "refugees" or "displaced". The Government replied that this Article deals with this issue in a satisfactory manner. Parliamentary Record, No. 5, at 37. In a subsequent development on this issue, Israel passed its Law of the Implementation of the Peace Trea- ty. Article 6.a of this Law reads: "Notwithstanding the Absentees' Property Law of 1950, it is not, as of November 10, 1994, an absentee's property if the absentee was a Jordanian citizen, or resident of Jordan, or happens to be in Jordan after that date". (See the text of this Law supra at 159). This text raised a wide discussion in Jordan. Mr. Basel Jerdaneh, the Minister of Finance and the head of the commission that was charged with the responsibility of identifying and studying the issue of Jordanians properties in Israel, said that his commission will submit its report to the Council of Ministers. It was reported that the Israeli government has informed the Jordanian side that the Peace Treaty does not have a retroactive effect and that the properties of Jordanians in Israel shall be dealt with when the refugees question will be discussed in the final status negotiations. Al-Ra'i, December 20, 1995, p. 1, cols. 4-8, cont'd p. 19, cols. 6-7. However, it may be useful to compare this text with that of Article 26 of the Treaty.
30 It was noted by the Government that in implementation of this provision, Jordan will have to drop any previous or future reservation when it had acceded or will accede to any multilateral treaty where Israel was a party. Parliamentary Record, No. 5, at 39. 31 See, however the text of Article 24 of the Treaty and the accompanying note. See also for Jordan's compli- ance with this Article, supra, at 143.
32 Mr. Khasawneh explained the importance of this area in that it is an area where the Jordan and Yarmouk rivers converge, and it was of paramount importance for Jordan to regain this area notwithstanding the fact that there are Israeli private owners. Israeli ownership of properties in the area dates back to 1927, and the total area is 6,000 dunums all of which has been regained except for 830 dunums. Any disposition of property in this 830 dunums shall be subject to Jordanian law (with a few exceptions) which allows req- uisition for public use. The Baqura arrangements may serve as a model for settlement of private claims that may be advanced by Jordanians who have interests in Israel. Khasawneh's Statement, at 48-49.
33 It is to be noted that neither the Parliamentary Record nor Khasawneh's Statement raised the issue of what these laws are. Most Israel's extraterritorial laws have been enacted to be applied to Jewish settlements in the occupied Palestinian territories. 34 The text of this paragraph negates the widely used concept that this area has been "leased" for 25 years. In fact, the mechanism designed herein could be used by Israel to have its occupation of this area perpetual. 35 This area is 4 sq.km, of which 1,350 dunums are used for agricultural purposes. It was subject to the same regime applied to the Baqura area except that Israelis will not have disposition rights. They entertain the right to "use" it only. Khasawneh's Statement, at 49. However, it is subject to the same 25 -year renewable regime as in the Baqura. See para 6 of this Annex I(c).
36 See note 33 supra.
37 The following chart was reproduced in the Parliamentary Record, at 42.
38 This provision does not appear in the Arabic text of the Treaty as published in Jordan's Official Gazette. 39 This provision does not appear in the Arabic text of the Treaty as published in Jordan's Official Gazette.
40 This provision does not appear in the Arabic text of the Treaty as published in Jordan's Official Gazette.
41 This committee was actually established and has almost completed its entire assignment except for those agreements that are due for execution in early 1996. Once those agreements are concluded, the committee will demise.